DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

H F Hand Constructors Pty Ltd
(AG2014/9790)

H F HAND CONSTRUCTORS PTY LTD MAULES CREEK COAL MINE CONSTRUCTION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JANUARY 2015

Application for approval of the H F Hand Constructors Pty Ltd Maules Creek Coal Mine Construction Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe
H F Hand Constructors Pty Ltd Maules Creek Coal Mine Construction Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H F Hand Constructors Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, H F Hand Constructors Pty Ltd sought approval for their Enterprise Agreement (EA) concerning the Maules Creek Coal Mine Construction. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about various provisions in the EA, particularly those relating to redundancy, termination, and the application of the agreement to subcontractors. The Fair Work Commission was tasked with determining whether the EA met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the EA complied with the procedural requirements for enterprise agreements, whether the provisions were consistent with the general protections enshrined in the Fair Work Act, and whether the terms of the agreement unfairly disadvantaged employees. The Commission needed to assess if the EA was made without a proper consultation process, if the terms were unduly harsh, or if they provided less favourable terms than the applicable awards or the general protections. Moreover, the Commission examined whether the EA's provisions on redundancy, termination, and subcontractor application were reasonable and fair.

The Commission found that the EA was procedurally sound, having been made following the appropriate consultation processes. It also held that the terms of the agreement did not unfairly disadvantage employees or provide less favourable conditions than the applicable awards or general protections. The Commission was satisfied that the redundancy and termination provisions were reasonable, taking into account the nature of the construction industry and the need for flexibility. Regarding the application of the EA to subcontractors, the Commission determined that the terms were fair and reasonable, considering the specific context of the project and the bargaining positions of the parties. Consequently, the Commission approved the EA, subject to certain minor modifications to address the concerns raised by the CFMEU.

The Fair Work Commission ordered the approval of the H F Hand Constructors Pty Ltd Maules Creek Coal Mine Construction Enterprise Agreement 2014, with the modifications as outlined in the decision. This ruling ensures that the EA is compliant with the requirements of the Fair Work Act and provides a fair framework for the employment conditions of the workers involved in the construction of the Maules Creek Coal Mine.

H F Hand Constructors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established